THE PRINCIPLE OF GRATIFICATION IN INDONESIAN CORRUPTION LAW BASED ON DIGNIFIED JUSTICE VALUES

Giving gratuities to individuals who have become a norm in Indonesian community is a real condition, so as to produce the principle of gratification in a dignified justice based on corruption, a reconstruction is needed to separate between gratification as a criminal act of corruption and gratification as part of culture. Therefore, in this study the writer formulates the problem into What are the weaknesses that arise in the regulation of gratification in gratification in the Law on the Eradication of Corruption and the How to Reconstruct it. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that the weaknesses are caused by two factors: first, a lack of in-depth knowledge (comprehensive) of the limits of recommendations and restrictions, especially in terms of the laws relating to gratification itself. Second, from the cultural aspect, because of the strong Indonesian culture of gratification is inseparable from the habits of the people who have been entrenched, whether it is realized or not. Therefore the formulation of gratification and bribery sentences in Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning Eradication of Corruption must be reconstructed to make it clearer by paying attention to the Meeting of Mind or intentions held by the giver and the recipient based on the condition and time.